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Hardliner4freedom - > Starship Sigma +5 -> Freedom Is Safer, For Now
Freedom Is Safer, For Now


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Given what looks like will be a Democratic-controlled Senate, our Constitutional freedoms are a bit safer.  For now.

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For the past six years, the GOP-dominated Senate Judiciary Committee has rubber-stamped far-right judicial nominees, many of whom harbor an absolute, complete, total disregard for the Constitution and its guaranteed rights and freedoms.  The worst nominees have been stopped by Senate filibuster.
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Expect a different rubber stamp to get a little workout unless President Bush lives up to his promise to act in a bipartisan manner:  REFUSED.
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While freedom-haters like Rick Santorum and (most likely) George Allen have been defeated in their Senate re-election races, there are still plenty far-right senators who have made it a top priority to pack the federal courts with judges who will turn a blind eye to your Constitutional liberties.  
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Take South Dakota Senator John Thune, who ousted the long-standing Democrat Tom Daschle.  Please.  Thune has a special page in his nook of the Senate web site that is devoted to packing the federal courts.
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His statement therein, "I believe that we should appoint judges to the federal bench who will abide by and apply the rule of law, instead of activist judges who try and create law" is very deceptive.
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In reality, what people like Thune deem an "activist judge" is any judge who declares even one meddlesome law unconstitutional.  And any time that a judge deduces from the Bill of Rights that Americans are guaranteed a particular personal liberty, that judge is bashed for "creating law."
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Wrong.  They're just doing their jobs.
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I return once again to the immortal Federalist Paper #78, written by founding father Alexander Hamilton:
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"The complete independence of the courts of justice is peculiarly
essential in a limited Constitution. By a limited Constitution, I
understand one which contains certain specified exceptions to the
legislative authority; such, for instance, as that it shall pass no
bills of attainder, no ex post facto laws, and the like. Limitations of
this kind can be preserved in practice no other way than through the
medium of courts of justice, whose duty it must be to declare all acts
contrary to the manifest tenor of the Constitution void. Without this,
all the reservations of particular rights or privileges would amount to
nothing
..."
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"But it is easy to see, that it would require an
uncommon portion of fortitude in the judges to do their duty as faithful
guardians of the Constitution, where legislative invasions of it had
been instigated by the major voice of the community
."
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The top priority of the far right wing has been to hand-pick judges who will refuse to perform this duty.  In the words of Hamilton, "all the reservations of particular rights and priveleges would amount to nothing."
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Freedom is a bit safer now.  But we still have some bad senators to defeat.
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America can do it.
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posted by Hardliner4freedom on Thursday, November 9, 2006 at 12:11 PM
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28 comments from 7 users

1

posted by dusty1215 on Nov 9, 2006 at 10:24 AM
Good points, and a nice writeup Hardliner. The radical right screams about activist judges..what do they call THEIR handpicked jurists? I really appreciate your knowledge of the founding fathers and their thoughts and writings.

Btw..NBC is reporting Sen. Macaca is going to concede at high noon, per this link.
posted by Hardliner4freedom on Nov 9, 2006 at 10:24 AM
The thin black line between liberty and tyranny.
posted by Hardliner4freedom on Nov 9, 2006 at 10:25 AM

Thanks.  It's a lonely job, but somebody has to do it.

posted by dusty1215 on Nov 9, 2006 at 10:34 AM
Everyone has their specialty, and I really appreciate yours :). Mine seems to be breaking news..thanks to the zillions of alerts I am signed up for with every news agency on the planet. My Inbox gets literally 250 emails a day..great fun wading through the bs, lemme tell ya....CNN calls anything breaking news.
posted by Hardliner4freedom on Nov 9, 2006 at 10:39 AM
Yeah, my Inbox is similarly well-connected.
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Since you're into breaking news, are you aware of these sites?
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http://www.1stheadlines.com
http://www.newsindex.com
http://www.headlinespot.com
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I have an account with PRNewswire for Journalists, but with the vast improvements in Internet news connectivity, it's almost a moot point.  I only use it when I want to find a press release fast.
posted by dusty1215 on Nov 9, 2006 at 10:51 AM
I have newsindex..but thanks for the other two! Your take on religion is spot on..and another of your specialties.
posted by Hardliner4freedom on Nov 9, 2006 at 10:54 AM
Thanks again.  It helps to have been a born-again conservative evangelical.  Being able to talk Christianese on these political issues without alienating them is priceless.  (Knowing where our friends are in the faith community helps, too.)
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And I can count on you to stay abreast of what the crooks in the Administration are up to.  You're fabulous.
posted by mattloch on Nov 9, 2006 at 11:01 AM
Hey hey hey, break up the lovefest you two. 

We're not out of the woods yet. We just finally have a flashlight to use to find a path out of here.....
posted by Hardliner4freedom on Nov 9, 2006 at 11:03 AM
Oh, I agree.  That's why I wrote "a bit safer" rather than overplaying my hand.  :-)
posted by dusty1215 on Nov 9, 2006 at 11:06 AM
Mattloch..come on..its a slow newsday..a little meeting of the admiration club doesn't hurt, does it? ;P We won't be out of the "woods" so to speak until Jan..alot of havoc can be made until then by the Repubes.
posted by ProgressivePete2 on Nov 9, 2006 at 11:13 AM
I doubt they'll get away with too much dusty. They really don't want to piss of congresional democrats right about now.
posted by dusty1215 on Nov 9, 2006 at 11:16 AM
They have very little to lose Pete, so I disagree. This is the only time they can make "hay" before the hammer comes down. I am looking forward to the Pork Report from now until Jan...those last gasps should be a doozy.
posted by ProgressivePete2 on Nov 9, 2006 at 11:24 AM
I see your point, but all the dems would have to do is threaten them with massive investigations or just limit them to a few key players. It would only take a few defectors to bring business to a halt.
posted by mattloch on Nov 9, 2006 at 11:24 AM
Speaking of pork.....
posted by dusty1215 on Nov 9, 2006 at 11:33 AM
Pete, The Dem's are going to use the "supoena and hearing" hammer many times..it holds no weight right now, its blowing smoke up their arses and the Repubes know it. When Jan rolls around and all the new guys sit down in their first session of congress the whole "lets shake and make nice" will take place, regardless of what happens with this lame duck session. This is the Only time the Repubes have to stock the administrative branch with their guys for the next two years.

omg Mattloch. I thought it was a typo..but it says it isn't..let the porkfest begin!
posted by randomfactor on Nov 9, 2006 at 11:33 AM
Sounds like it may be time to raise the corporate tax rate, rather than follow those borrow-and-spend Republicans.
posted by dusty1215 on Nov 9, 2006 at 11:36 AM
Anyone see this video where Bill Maher uses Mehlman's name and the word gay in the same sentence? It was obviously cut out of the rebroadcast..wotta trip.
posted by dusty1215 on Nov 9, 2006 at 12:42 PM
Not to go off topic but..Senator Macaca just made it official..no recount and the Senate too belongs to the Dems. Harry Reid and his boyz are having a news conference..is he going to be the Senate Majority guy hands down? I can't stand Harry..on any level. He is part of the old guard that needs to retire.
posted by anonymous on Nov 9, 2006 at 12:45 PM
Let us hope that this new Congress can restore America back from the clutches of the  Amerika of the last twelve years.
posted by Perezoso on Nov 9, 2006 at 12:58 PM
Reid, while not perfect,  represents a lot of what was right about the "old guard" Democrats.  And what's nice is that he's not not about flash. He's no glib,  PC hipster: he's a old Nevadan  who spent years battling the mafia and Vegas casino owners.  He's got some spine, as well as lots of experience.  He knows what Jeffersonian values are about, at least in theory. That's more than the "San Francisco" school of Dems might claim.
posted by dusty1215 on Nov 9, 2006 at 01:06 PM
I don't agree Perezoso about Harry battling the bad guys in Vegas..in fact..Ol Harry's lawyer and business partner has been a major player in  just about every scandal there has been in NV, but being a lawyer, he knows how to skate that thin line and has always come out unscathed after the investigations. Just because they can't pin something on you doesn't mean you aren't guilty.
posted by Hardliner4freedom on Nov 9, 2006 at 01:10 PM
I'll agree with Perezoso in that Harry Reid (and moreso, Jon Tester) are what the Dems need to emulate in the mountain and plains states.
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Tester is pro-choice, but he knew how to deliver it in a Western conservative package.
posted by dusty1215 on Nov 9, 2006 at 01:33 PM
I am just saying that of all the Dem's..ol Harry has more skeletons in his closet than anyone...anyone on that side of the aisle. I know too many oldtimers in Vegas and too many stories about Harrys activities "at home".
posted by Perezoso on Nov 9, 2006 at 01:37 PM

I have read conflicting accounts of Reid's supposed scandals; the latest one regarding the property or whatever---yes he did pocket some change, but it was all disclosed. He was accused of taking a bribe back in the day. From what little I know of politics, Vegas style, I imagine there's a lot of tit for tat; nonetheless, Reid DID take on the casino owners, and did put some bad guys away. (of course there are Americans who don't really mind the mafia)  Those democrats who object to Reid's investments  should be all *OVER* Queen Feinstein, or Hillary Clinton--possibly involved in securities fraud.
posted by dusty1215 on Nov 9, 2006 at 01:43 PM
Harry put away "some" of the bad guys while ignoring the bigger fish. Kind of along the lines of a cop who busts the occasional thug, while taking money from the top thug, so as to have the appearance of being a "good guy". Its not just his investments Perezoso..its alot more than that. he comes from the land of money laundering..come on..use your imagination..but in any case..I will drop it.
posted by Perezoso on Nov 9, 2006 at 01:50 PM

Imagination is one thing, and facts are another. I tend to agree with your general position that both GOPers and dems are often corrupt , self-serving pieces of  *&(@*$%%, but proving it is another matter.  Reid may have "touched the body" as it were, but, like, so did the Clintons. So do lots of  democrats. Gary Hart was an adulterer , and may have even..........smoked a joint. Eeek!  LBJ was probably more crooked than Nixon (tho' not quite as gung-ho about the Vietnam war).  JFK may have snorted coke and  f-ed Marilyn Monroe etc. ( ;-)  )   But even pieces of  *&(@*$%%  might do some good, politically speaking.
posted by randomfactor on Nov 9, 2006 at 02:02 PM

I'm an equal-opportunity prosecution type:  I want to see William Jefferson answer in a court of law for the cash in the freezer.
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But it's silly to say "both sides do the same thing," and then equate Duke Cunningham's graft with ringside seats given to Harry Reid *FOR WHICH HE LEGALLY COULD NOT PAY*. 

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Dusty, the legal term for a lawyer who "knows how to skate that thin line" is, indeed,  "innocent."  Something a couple dozen national Republicans can't claim.

posted by mattloch on Nov 9, 2006 at 02:49 PM
That's what happens when you come from the ranks of private industry and not law; the lawyers know how to skate that line, the businessman doesn't know or care that the line is there. Businessmen just think you can bury something and it'll never come back; lawyers know to wipe it down before they bury it so that their fingerprints don't show up when it does surface.....
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